It is delightful to read about the Yuval Noah Harari’s Homo Deus while surviving an explosion of innovations and advanced technologies in the cyber world. The undefined term ‘cyberspace’ has evolved itself from the ecosystem of networks, computers and computational devices to a galaxy of cognitive behaviors in a robot, generative artificial intelligence and concepts like deep learning. The artificially intelligent machines navigated their evolution from being machines with only computational abilities to machines that can learn and re-learn at its own. The most talked about technology ‘Artificial Intelligence’ is the only technology that is contested for its reversal or contended to be halted for some time by prominent tech icons like Elon Musk. For making a regulatory policy, the legal enthusiast has followed the Asimov’s three principles of robotics to Turing’s Test paving way for the Code of Ethics, policies and directives for regulating the technology driven by artificial intelligence in different jurisdictions.
The artificial intelligence has various subsets viz., machine learning, deep learning, reinforced learning etc. The artificial intelligence in the simplest of words is an innovation that works on predictive analytics. It is pertinent to mention that the predictions made by these machines or algorithms depend on the pre-fed data sets or the data sets which are floating on the internet devoid of authenticity. Some of the examples where the artificial intelligence algorithms are producing an output, are in cases of predictive policing and precision health. The concept of predictive policing, uses the algorithms and feed them with the data sets to evaluate the places where the crime is likely to be committed. This kind of feedback or an outcome helps the enforcement agencies to reallocate their resources for optimum efficiency. In some of the cases the concept of predictive policing also entails the function of criminal profiling where the algorithms using the pre-fed data sets, evaluating on the basis of certain variables, ascertain the likelihood of people offending or reoffending.
To quote an example, the city of Chicago uses one such algorithm and marks the residents on the scale of ten to evaluate whether there is anyone with the inclination of committing the crime. Another example, as referred above is the concept of precision health which is different from the concept of personalized medicine. In this case the algorithms gather the data of a patient from the medical history available and also have an access to their social media accounts, apps and smart devices. The information so collected is then condensed in the form of a report, on the basis of which the doctors prescribe the future course of action. If we refer to both the concepts above and hail the predictive abilities of the artificial intelligence algorithms, we do not see a problem with it. Now looking at the concepts through the legal lens, would raise eyebrows on certain legal implications that these technologies might create. The foremost essential contention in these cases will revolve around the concept of consent either express or implied to collect information and the violation of privacy, which is not only a fundamental right but the basic human right.
Secondly, the issue of bias will create further contentious circumstances, as the data sets are not free from human perceptions, intentions and alterations. There are unending examples of artificial intelligent machines behaving racist to the people of color, for example, the Suspect Target Management Plan (STMP) used in Australia is blamed for disproportionally targeting aboriginals and other marginalised groups. United States has also used Correctional Offender Management Profiling for Alternative Sanctions (COMPAS) which mistakenly tags the people of colour with a possibility and likelihood of reoffending.
The third issue is in regard to the algorithms or machines being imported from the private companies and not being indigenously built. Anything borrowed or bought in the absence of a legal framework can lead to a bunch of backdoor cyber-attacks. The immersive technologies like metaverse is making the cyberspace more complicated. Though, metaverse is in its novice stage but it has complete potential to introduce newer forms of crimes or propel the commission of already existing crimes like sexual exploitation and assault, copyright infringements, data theft, sexual harassment, etc. It is expected that in coming years every individual will spend at least one hour in the Meta sphere and the most vulnerable of all categories will be the children who will suffer racial discrimination, sexual exploitation and theft of virtual assets.
Thus, it can be clearly stated that regulating the artificial intelligence would not intrude upon the research and development in regard to technology but rather facilitate its mindful use and application. There is an absence of global framework, when it comes to cyber space barring the existence of Budapest Convention which is not adhered to by most of the nations. The developed countries started framing the Code of Ethics for Artificial Intelligence as the liability quotient remained unclear till the enactment of the Artificial Intelligence Act in Europe. The legislation serves as a model for other nations for protecting against the evils of the untamed growing technology.
In India, the government is making a huge investment when it comes to artificial intelligence. The government has also imposed the responsibility on the makers or the creators of the artificially intelligent machines. The investments and the cursory disclaimers wont assist in resolving the issues related to cyber-attack and liability aspects. A regulatory arrangement must be put in place which is a blend of ethics, law and protection by way of design. The certifications and licenses must be procured from competitive authorities, before placing the AI technology (in any form) in the public space. The liability clauses must be expressly and clearly stated to avoid the collapse of the cyber space. Though, the new legislation Digital India Act (in place of the Information Technology Act, 2000) is said to discuss the issues and crimes propelled by Artificial Intelligence, but the legislators must draft the law to encompass the present-day technology as well as the technologies that may evolve in future. The velocity at which the technology is changing its form, will render the laws irrelevant.
India in the coming years must focus on advancing and accelerating innovations, the smart traffic management, smart water grids, autonomous vehicles, artificial intelligence in governance and healthcare sectors, use of blockchain technology can completely change the digital landscape of India and also contribute towards achieving the sustainable development goals. India must prepare a skilled workforce for the future jobs. India in the coming years must make every possible effort to bridge the digital divide, by making technology accessible to remotely connected communities. Lastly, the Government must ensure the responsible development of artificial intelligence by introducing the elaborate governance frameoworks along with ethical guidelines. It’s is the duty of every nation to maintain transparency, reliability, accuracy, comprehensibility and accessibility when it comes to technological upliftment and advancement. Thus, India is expected to arm itself with legal instruments of global relevance before its encounter with the ‘infocalypse’.
Dr. Ivneet Kaur Walia, Associate Dean (Academics), Associate professor of Law, RGNUL, Punjab
